Civil litigation can be complex and time-consuming, so having a plan can make an enormous difference. No matter if you’re seeking damages as the plaintiff or are being sued as the defendant in civil litigation cases – understanding what needs to be done prior to trial increases the odds of a successful outcome regardless of which court system you find yourself in. Kangs Solicitors is an established and dynamic civil litigation lawyers firm with branches located in London, Birmingham and Manchester. Kangs is proud of having won the Legal 500 Criminal, Fraud and Licensing Law Firm of the Year’ award since 1997; our services span all aspects of criminal law from serious fraud cases like VAT/MTIC fraud and laundering to significant blue collar criminal cases like laundering. In that time we have received instructions regarding some of the nation’s biggest cases of serious crime and fraud across all three locations.
Civil litigation refers to legal battles fought between two or more parties who seek financial damages, damages, or specific performance instead of criminal penalties; as such it differs from criminal proceedings in several ways, including breach of contract, personal injuries claims and property or labor disputes.
Preparing for a civil lawsuit case is essential to achieving the best outcome, from hiring the ideal attorney, collecting and organizing evidence in preparation for depositions and trials, and managing litigation costs efficiently. In this article we offer suggestions and guidelines to manage civil litigation efficiently whether you’re new to litigation or an experienced litigant; whether preparing confidently is key for success.
Understanding the Civil Litigation Process
Understanding each stage in the civil litigation process is critical to building an effective case. Pre-trial, discovery trials, appeals and trial are four major stages to the legal procedure that comprise civil litigation proceedings.
Pre-trial phase:
The pre-trial period typically begins when one party files an accusation against the other, prompting negotiation and settlement discussions between both sides in an effort to avoid trial. At this time, court can arrange an initial conference between both sides to address motions, discovery issues and any other matters pertinent to their case.
Discovery phase:
Parties will gather evidence and other pertinent details of their case during discovery, which includes gathering written discovery as well as engaging in motions such as interrogatories, requests for production and depositions (where witnesses give testimony under oath). At this stage both sides can learn where strengths and flaws lie within their arguments.
Trial phase:
This phase is where jurors and judges make their verdict. Trial proceedings start with opening statements by both sides before witness testimony is presented and evidence presented for examination. After that comes arguments from each side for closing arguments to conclude the case before jurors or judges reach their decision.
Appeal phase:
The civil appeal process occurs when someone appeals a ruling of a trial court to a higher court for review and possible revision. A higher court may review all related court records to review or overturn or change it as needed.
Navigating each step of a civil lawsuit process may seem like a daunting task, but working with an experienced lawyer and employing sound strategies will increase your odds of a positive result. Being familiar with each phase will enable you to prepare better for trials or issues ahead of you and increase the chance for a positive result.
Qualities to look for in a Civil Litigation Attorney:
Experience
An accomplished civil litigator possesses years of experience handling civil litigation matters and can often succeed in winning them.
Select an UK lawyer with proven expertise in handling similar civil law cases and with knowledge of local judges and courts.
Communication skills
An attorney with outstanding communication abilities will keep you up-to-date on the details of your case while explaining legal concepts in an approachable way. They should also be capable of communicating in both English and French as both are recognized official languages in UK.
Strategic thinking
An experienced attorney should be capable of creating an effective plan for your case that takes into account both its goals and objectives, as well as any particulars that arise in it.
Responsiveness
To get the best representation possible, you need an attorney that is accessible and responsive whenever they’re needed. They should be able to answer your queries or address your concerns while keeping you up-to-date with developments regarding your case.
Career Skills Required for a Civil Litigation Lawyer
Effective Communication
Communicating concepts and ideas that grab people’s attention and prompt action from them is essential for a successful case. Imagine this scenario if you have an excellent case that might only succeed if people understand your legal theory; what differentiates an excellent lawyer from one who isn’t is their ability to connect with individuals; that includes being able to interact with judges and juries alike. Without proper communication between all involved, relationships could quickly deteriorate quickly without adequate relationships in place; effective communication doesn’t just happen automatically – teach it today so your worth will add up!
Persuasiveness
Every civil litigator must be capable of convincing both jurors, judges, clients, and any other counsel of his/her arguments and suggestions. You need to persuade others of your arguments and suggestions by matching your tone of voice with how easily your audience absorbs what you say. Identify and relate to your audience members so convincing them is easier – building trust and rapport is essential when persuasion is important – learning what people believe and trust can help establish this. Language should be seen as a powerful influencer which requires lawyers retraining of speech skills when communicating effectively in court proceedings.
Investigative Skills
Investigative skills are beneficial for lawyers to develop. Investigative work entails gathering information and coming up with conclusions that offer important data. As much of your work relies upon uncovering facts and evidence, having strong investigative abilities are a necessity if your job requires investigating facts and evidence. In order to understand all that transpired and draw the correct conclusions from it. Your success as a case lawyer depends upon being able to make connections and analyze/classify/draw conclusions from information found. It’s best practice believing you don’t know everything just let your curiosity lead the way!
Honesty
Being honest is of utmost importance; however, that does not require being truthful. Being honest means avoiding lying and providing all relevant details on an issue to potential clients. Inform clients which types of cases you won’t manage while adhering to an ethical code of conduct; also market your credibility by fighting on behalf of those not on your side to build customer relations if needed and respect and trust on behalf of each client if not, consider switching careers!
